HomeMy WebLinkAboutDecision 4392 with Building PlansBk 26492 Rs170 =39414
07-12-2012 a 09:'
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: May 8, 2012
PETITION NO: #4392
HEARING DATE: April 26, 2012
PETITIONER: Daniel A. Dumont
dba Dumont Commercial Realty Trust
PROPERTY: 980 Route 28, South Yarmouth, MA
Map & Parcel: 004237.1; Zoning District: B3
Book & Page: 4427/240
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MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Joseph Sarnosky,
Debra Martin, Bryant Palmer and Robert Howard.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register, the hearing opened and held on the date stated above.
The Petitioner is Daniel Dumont, dba, Dumont Commercial Realty Trust, who seeks a Special Permit
pursuant to Zoning By-law § 104.3.2 to allow for the raze and replacement of a storage building located
at 980 Route 28, South Yarmouth, MA property located in a B-3 Zonin District
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The storage building has been used in connection with other commercial activities at this location and,
in particular, as storage for the Salt Water Taffy stand at this location. The Petitioner and his
contractor advised the Board that the current structure was in need of extensive repairs and was
presently in an unsafe condit' It d
ion. ma a greater economic sense to demolish the existing building and
replace it with one substantially similar and as depicted on the two page building plans submitted.
Finding that a grant of the requested relief would cause no undue nuisance, hazard or congestion, nor
will there be any substantial harm to the established or future character of the neighborhood or Town,
the Board considered a Motion made by Mr. Palmer, seconded by Ms. Martin to grant the Special
Permit on the conditions that:
1) there be no use of the building as habitable space; and
2) there be no central heating or plumbing in connection
with the building.
The Board voted unanimously to approve this Motion, and the Special Permit is therefore granted, with
the stated conditions.
No permit shall issue until 20 days from the riling of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A
§9)
Steven DeYoung, C an
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